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HomeMy WebLinkAbout1971-1298 ORDINANCE NO. i”g AN ORDINANCE adopting plans and specifications for a B Street over- head viaduct only and reducing the scope of a B Street and Lincoln Avenue overcrossing project previously approved by the Yakima City Council; authorizing and directing the City Attorney of the City of Yakima to amend the Petition for Condemnation in Cause No. 53117 111 pending in the Yakima County Superior Court for the con- demnation of any property rights damaged or interfered with in a manner to be legally compensable by the con- struction and existence of a B Street overcrossing; declaring such condemnation, as amended, and any such damage or interference to be necessary for a public use required by the public interests; directing that any compensation to be paid for any such damage or inter- ference be paid from the Urban Arterial Fund (Budget Fund No. 380) of the City of Yakima; amending Ordinance No. 1200, dated January 19, 1970, and entitled "An Ordinance adopting plans and specifications for B Street and Lincoln Avenue Bridge Overcrossings", and Sections 1, 2,3, and 4 of Ordinance No. 1209, dated March 16,1970, en- titled "An Ordinance authorizing and directing the City Attorney of the City of Yakima to institute and prosecute legal proceedings for the condemnation of any property rights damaged or interfered with in a manner to be legally compensable by the construction and existence of B Street and Lincoln Avenue Overcrossings; declaring such condemnation and any such damage or interference to be necessary for a public use required by the public interests; directing that any compensation to be paid for any such damage or interference be paid from the Urban Arterial Fund (Budget Fund No. 380) of the City of Yakima; and declaring an emergency"; discontinuing and abandoning pending condemnation proceedings as they apply to the construction of ramps and an overhead viaduct on Lincoln Avenue; and declaring an emergency. WHEREAS, by Ordinance No. 1200, passed January 19,.'1970, the City of Yakima contemplated the construction of two overhead viaducts on B Street and Lincoln Avenue crossing the tracks of the Union Pacific Railroad Company and the Northern Pacific Railway Company (now Burling- ton-Northern, Inc.) between 1st Street and 3rd Avenue, and by that ordinance, the City Council approved and adopted plans and specifica- tions therefor prepared by ABAM Engineers, Inc., Consulting Engineers, • copies of which approved and adopted plans and specifications are attached to and incorporated in that Ordinance No. 1200, and WHEREAS, by Ordinance No. 1209, passed March 16, 1970, condemna- tion proceedings were authorized to facilitate construction of the overhead viaducts, the plans and specifications for which had pre- viously been approved and adopted by Ordinance No. 1200, as aforesaid, and WHEREAS, the City Council now finds that the ramps and overhead viaduct on Lincoln Avenue, constituting a portion of the construction project contemplated by said Ordinance No. 1200 and No. 1209, must be abandoned and deleted from that project as originally contemplated and the scope of the project must be reduced to include the construc- tion of the ramps and overhead viaduct on B Street only, and both such ordinances should be amended accordingly, as provided •herein, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Section 1 of Ordinance No 1200; passed January 19, 1970, entitled "An Ordinance adopting plans and specifications for B Street and Lincoln Avenue Bridge Overcrossings" is hereby amended to read as follows: "Section 1. Plans and specifications consisting of a, pam- phlet of contract documents and the several drawings, identified as r Dwrg. No. 68A31', all as prepared by ABAM Engineers, Inc., Consulting Engineers, attached hereto and by this reference made a part hereof insofar as they pertain to the construction of ramps and an overhead viaduct on B Street only and disregarding any portions thereof pertaining exclusively to the construction of ramps and an overhead viaduct on Lincoln Avenue, are hereby approved and adopted as the plans and specifications for a public improvement project to consist of the construction of ramps and an overhead viaduct on B Street only." Section 2. Sections 1, 2, 3 and 4 of Ordinance No. 1209, passed March 16, 1970, entitled: "AN ORDINANCE authorizing and directing the City Attorney of 111 the City of Yakima to institute and prosecute legal proceedings for the condemnation of any property rights damaged or interfered with in a manner to be legally compensable by the construction and existence of B Street and Lincoln Avenue overcrossings; declaring such condemnation and any such damage or interference to be necessary for a public use required by the public interests; - directing that any compensation to be paid for any such damage or interference be paid from the Urban Arterial Fund (Budget Fund No. 380) of the City of Yakima; and declaring an emergency"; are hereby respectively amended to read as follows: -2 - "Section 1. The City Attorney of the City of Yakima is hereby authorized and directed to amend the Petition for Condem- nation and prosecute an action pending in the Superior Court of the State of Washington, in and for Yakima County, Cause No. 53117 therein, to condemn property rights, if any, appurtenant to the real property described on "EXHIBIT 'A' To Condemnation Ordinance" attached hereto and made a part hereof, damaged or otherwise interfered with in a manner so as to be legally compen- sable by the construction and existence of a public improvement project to consist of ramps and an overhead structure to be con- structed on B Street only solely on and within existing public street right of way in accordance with plans and specifications heretofore approved by the Yakima City Council by Ordinance No. 1200, dated January 19, 1970, as amended by Section 1 of this amendatory ordinance." "Section 2. The public convenience and necessity demand the 111 construction by the City of the B Street overcrossing public improvement project to be constructed pursuant to amended condem- nation proceedings, all as contemplated by and described in Sec- tion 1 hereof, and any resulting damage to or other interference with property rights appurtenant to the real property described on EXHIBIT A hereto is required for the interests of the public and for the City of Yakima, and any'such resulting dnmage to or interference with such property rights does constitute a public use of said property rights necessary for the use and v.lrpose aforesaid." "Section 3. Any compensation to be paid by the City for damage to or interference with any cornpensable property rights, directed by this amendatory ordinance to be condemned, shall be paid from the Urban Arterial Fund (Budget' Fund No. 380) of the City of Yakima." - 3 - "Section 4. In prosecuting such condemnation proceedings as hereby amended, the City Attorney is hereby authorized to stipu- late to any matters for the purpose of minimizing damages." Section 3. That portion of the public improvement project originally contemplated by said Ordinances No. 1200 and No. 1209 con- sisting of the construction of ramps and an overhead structure on Lincoln Avenue, and the proceedings therefor, are hereby discontinued and abandoned, and the scope of that project as originally contemplated is hereby reduced to include the construction of the ramps and over- head structure on B Street only in accordance with plans and specifica- tions approved and adopted by Section 1 of this amendatory ordinance. This section is intended to constitute a discontinuance and abandon- ment of part of the project as aforementioned, and as a discontinuance and abandonment of the proceedings therefor, pursuant to and in accor- dance with the provisions of R.C.W. 8.12.530, and this section shall 410 be liberally construed so as to accomplish that purpose accordingly; provided, however, that nothing in this amendatory ordinance shall be construed to • derogate from rights vested by judgment or order in con- nection with the award of attorneys fees and costs in proceedings pre- viously undertaken in connection with the improvement project as originally contemplated by and commenced pursuant to the aforesaid Ordinances No. 1200 and No. 1209 as those rights now exist or as they may hereafter be determined in the regular course by legal proceedings, it being the intent of this ordinance to abandon and discontinue pro- ceedings so that the City shall not be liable for damages to respon-.. dents which may otherwise arise from the contemplated construction of III the Lincoln Avenue structure, all as provided by R.C.W. 8.12.530. Section 4. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the people of the City 'of Yakima and an emergency is hereby dr-PlareA to exist and this ordinance shall be in full force and effect -4- immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 12th day of 411 April, 1971. Mayor ATTEST: #0,/ City Clerk • • _5